TY - JOUR
AU1 - Wyda, James
AU2 - Black, Bert
AB - The Supreme Court continues to permit psychiatrists and other mental health professionals to testify regarding capital defendants' propensity to future dangerousness. Virtually all scientific evidence indicates that these predictions are unreliable. However, capital juries are particularly likely to rely heavily on such testimony. The admission of this evidence violates the safeguards mandated by the Supreme Court's own case law demanding that a capital jury's discretion be guided. The Court must consider the reliability of evidence of future dangerousness, deny its admissibility on behalf of the prosecution, but structure a rule that does not infringe on capital defendants' right to present evidence in mitigation that may implicate future dangerousness.
TI - Psychiatric predictions and the death penalty: An unconstitutional sword for the prosecution but a constitutional shield for the defense
JF - Behavioral Sciences & the Law
DO - 10.1002/bsl.2370070407
DA - 1989-09-01
UR - https://www.deepdyve.com/lp/wiley/psychiatric-predictions-and-the-death-penalty-an-unconstitutional-WZkYzQP2iT
SP - 505
EP - 519
VL - 7
IS - 4
DP - DeepDyve
ER -